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BONANDER v. TOWN OF TIBURON

No. S151370.

46 Cal.4th 646 (2009)

JIMMIE D. BONANDER et al., Plaintiffs and Appellants, v. TOWN OF TIBURON et al., Defendants and Respondents.

Supreme Court of California.

June 8, 2009.

Attorney(s) appearing for the Case

Frank I. Mulberg and Brett D. Mulberg for Plaintiffs and Appellants.

Jack D. Cohen as Amicus Curiae on behalf of Plaintiffs and Appellants.

Trevor A. Grimm, Jonathan M. Coupal and Timothy A. Bittle for Howard Jarvis Taxpayers Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Ann R. Danforth, Town Attorney; McDonough Holland & Allen, Thomas R. Curry, Andrea S. Visveshwara and Kevin D. Siegel for Defendants and Respondents.

Colantuono & Levin, Michael G. Colantuono and Amy C. Sparrow for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendants and Respondents.

OPINION

KENNARD, J.—

Under the Municipal Improvement Act of 1913 (Sts. & Hy. Code, § 10000 et seq.), an assessment district may be formed and assessments may be levied on real property for various purposes, including moving overhead utility wires underground, as occurred here. Under article XIII D of the state Constitution, however, any assessment on real property must be in proportion to the special benefit conferred on that...

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